[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Rules and Regulations]
[Pages 72726-72727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28466]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 381

[Docket No. 2008-6 CRB NCBRA]


Cost of Living Adjustment for Performance of Musical Compositions 
by Colleges and Universities

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule.

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SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (``COLA'') of 3.7% in the royalty rates that colleges, 
universities, and other nonprofit educational institutions that are not 
affiliated with National Public Radio pay for the use of published 
nondramatic musical compositions in the ASCAP, BMI and SESAC 
repertories. The COLA is based on the change in the Consumer Price 
Index from October 2007 to October 2008.

DATES: Effective Date: January 1, 2009.

FOR FURTHER INFORMATION CONTACT: LaKeshia Brent, CRB Program 
Specialist. Telephone: (202) 707-7658.

SUPPLEMENTARY INFORMATION: Section 118 of the Copyright Act \1\ creates 
a compulsory license for the use of published nondramatic musical works 
and published pictorial, graphic, and sculptural works in connection 
with noncommercial broadcasting. Terms and rates for this compulsory 
license, applicable to parties who are not subject to privately 
negotiated licenses, are published in 37 CFR parts 253 and 381.
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    \1\ 17 U.S.C. 118.
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    Final regulations governing the terms and rates of copyright 
royalty payments with respect to certain uses by public broadcasting 
entities of published nondramatic musical works, and published 
pictorial, graphic, and sculptural works for the license period 
beginning January 1, 2008, and ending December 31, 2012, were published 
in the Federal Register on November 30, 2007.\2\ Pursuant to these 
regulations, on or before December 1 of each year the Judges shall 
publish a notice of the change in the cost of living as determined by 
the Consumer Price Index (all urban consumers, all items (``CPI-U'')) 
during the period from the most recent index published prior to the 
previous notice, to the most recent index published prior to December 1 
of that year.\3\ The regulations also require that the Judges publish a 
revised schedule of rates for the public performance of musical 
compositions in the ASCAP, BMI, and SESAC repertories by public 
broadcasting entities licensed to colleges and universities, reflecting 
the change in the CPI-U.\4\ Accordingly, the Judges are hereby 
announcing the change in the CPI-U and applying the annual COLA to the 
rates set out in 37 CFR 381.5(c).
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    \2\ 72 FR 67646.
    \3\ 37 CFR 381.10(a).
    \4\ 37 CFR 381.10(b) (requiring publication of a revised 
schedule of rates for 37 CFR 381.5).
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    The change in the cost of living as determined by the CPI-U during 
the period from the most recent index published before December 1, 
2008, to the most recent index published before December 1, 2007, is 
3.7%.\5\ Rounding to the nearest dollar,\6\ the royalty rates for the 
performance of published nondramatic musical compositions in the 
repertories of ASCAP, BMI, and SESAC are $298, $298, and $120, 
respectively.
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    \5\ The most recent CPI-U figures are published in October of 
each year and use the period 1982-84 to establish a reference base 
of 100. The index for October 2008 was 216.573, while the figure for 
October 2007 was 208.936.
    \6\ See 37 CFR 381.10(b) (adjusted royalty rates shall be 
``fixed at the nearest dollar'').
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List of Subjects in 37 CFR Part 381

    Copyright, Music, Radio, Television, Rates.

Final Regulations

0
For the reasons set forth in the preamble, Part 381 of title 37 of the 
Code of Federal Regulations is amended to read as follows:

PART 381--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH 
NONCOMMERCIAL EDUCATIONAL BROADCASTING

0
1. The authority citation for part 381 continues to read as follows:

    Authority: 17 U.S.C. 118, 801(b)(1), and 803


0
2. Section 381.5 is amended by revising paragraphs (c)(1) through 
(c)(3) as follows:


Sec.  381.5  Performance of musical compositions by public broadcasting 
entities licensed to colleges and universities.

* * * * *
    (c) * * *
    (1) For all such compositions in the repertory of ASCAP, $298 
annually.
    (2) For all such compositions in the repertory of BMI, $298 
annually.

[[Page 72727]]

    (3) For all such compositions in the repertory of SESAC, $120 
annually.
* * * * *

    Dated: November 25, 2008.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E8-28466 Filed 11-28-08; 8:45 am]
BILLING CODE 1410-72-P